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TO
prevent cargo-traffic congestion in major Philippine
ports, President Arroyo has tasked Transportation
Secretary Leandro Mendoza to hammer out a mutually
acceptable arrangement with Sulpicio Lines Inc. (SLI) so
the latter could resume cargo operations this week,
Malacañang said on Tuesday.
Executive Secretary Eduardo Ermita also told reporters
after the National Disaster Coordinating Council (NDCC)
meeting in Iloilo City that the government considered a
takeover of SLI operations, but the scenario did not
prosper because of legal bars and time constraint.
“Transportation Secretary Larry Mendoza was tasked to
talk with Sulpicio Lines on the possible arrangement so
that, at least, cargo handling of SLI can be undertaken
because, right now, there is a general order for them to
suspend ships from sailing,” Ermita said.
He
explained that the decision was prompted by the fact
that SLI handles 40 percent of interisland-cargo traffic
in the Philippines, and “if that is not resumed, then
there is a high probability that it can affect cargo
pending for Manila, to Cebu, to other places where SLI
ships normally call.”
The
government had grounded the entire SLI fleet shortly
after one of its vessels, the MV Princess of the Stars,
upturned off Romblon during the onslaught of Typhoon
Frank on June 21.
“Secretary Mendoza was given that task of meeting with
SLI so that an arrangement can be done where they will
be allowed to resume their shipping—carrying cargo, but
not passengers yet,” Ermita said, adding that the
arrangement is expected to begin “within a few days.”
He said
the idea is to “look for a way by which government will
be very much supervising the shipping fleet of SLI that
carry cargo for the moment,” which “cannot wait for a
long time.”
“By
tomorrow, something should happen already,” he said,
adding that “stranded cargo” in the North Harbor and
Cebu includes food items, construction materials and
other basic commodities.
SLI’s
cargo routes ply Bacolod, Butuan, Calubian, Cagayan,
Catbalogan, Cebu, Coron, Cotabato, Dipolog, Dumaguete,
Estancia, General Santos, Iligan and Iloilo.
Ermita
also revealed that the government had mulled over the
feasibility of a government takeover of SLI “since
several days ago” in view of its grounded fleet vis-à-
vis the state of interisland cargo shipping, but did not
prioritize it because of the ongoing Board of Marine
Inquiry investigation into the incident, which would
determine the culpability of SLI or any government
agency in the tragedy.
He said
government lawyers, especially the Department of
Justice, reminded them of the Supreme Court (SC) ruling
requiring congressional authority for any government
takeover of private property if a state of emergency is
declared.
“When
the President made Proclamation 1017, there was a
decision by the Supreme Court that only Congress can
authorize the taking over of private properties even if
this is in public interest, and that is not being
resorted to, knowing that there is such an SC ruling,”
Ermita said.
He said
the issue was again “openly discussed” at the NDCC
meeting since Sens. Mar Roxas II and Richard Gordon, and
Defense Secretary and NDCC chairman Gilbert Teodoro,
were at the meeting.
“It was
discussed openly and the President [knew] since two days
ago. The President knew that that course of action may
not be feasible because we need congressional
action—only Congress, under Section 17 of the
Constitution [has that power]....From the start, it was
being mulled over to find out if it is advisable to do
that,” Ermita said.
He added
that the government cannot afford to make a “hasty
decision” on a government takeover of SLI especially
since the typhoon season has begun, and it would surely
be blamed for any possible mishaps that would involve
hundreds of lives.
On
whether it remained a possibility should Congress be
amenable to it, Ermita said: “It cannot be approved by
Congress now, we cannot wait for long. In the first
place, Congress is in recess....It’s not given big
priority because Congress is not in session. We cannot
take too long to make a decision on that matter, that’s
why we are talking about cargo first.”
He said
the Department of Transportation and Communications (DOTC)
also recommended the fielding of “safety marshals” to
accompany each passenger and cargo- vessel voyage, and
an audit of all interisland shipping vessels by the
Maritime Industry Authority (Marina).
In
relation to SLI’s suit against the Philippine
Atmospheric, Geophysical and Astronomical Services
Administration (Pagasa) for allegedly failing to amply
warn it about weather conditions, the Philippine Ports
Authority (PPA)-Batangas wrote to Transportation
Undersecretary Maria Elena Bautista indicating that the
vessel might not have taken enough precautions when it
persisted in its voyage despite the typhoon.
Ermita
said that during the NDCC meeting, Bautista read the
letter which noted that a vessel suspected to be MV
Princess of the Stars “continued on her voyage in spite
of other vessels that took shelter” in Puerto Galera
late night of June 20, hours before it capsized.
Asked
whether the PPA report is clearing Pagasa of any
responsibility over the mishap, Ermita said, “I would
not want to say that anybody is cleared” since there is
an ongoing investigation.
Reacting to SLI’s suit against Pagasa, Press Secretary
Jesus Dureza said: “All parties are free to pursue their
own courses of action. They will all be resolved [at]
the proper forum.” |
